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1968-12-03 Regular CC MinutesREGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HETD TUESDAY EVENING DECEMBER 3, 1968 The meeting convened at 7:30 o'clock p.m. with President McCall presiding. The Pledge of Allegiance was led by Councilman La Croix and was followed by a most inspiring Invocation delivered by The Reverend Mr. Mervin R. Megill, Pastor of the Immanuel Baptist Church. ROLL CALL: The roll was called and Councilmen Fore, Isaacs, La Croix, Jr., Levy and President McCall, (5), were noted present. Absent: None. MINUTES: 1. The minutes of the regular meeting held November 19, 1968, were approved as transcribed. WRITTEN COMMUNICATIONS: 2( From Alameda County Mosquito Abatement District, signed by Mr. E. Chester Robinson, Manager, requesting that a trustee be appointed to represent the City of Alameda on the District for the two- year term ending January 2, 1971. This matter was referred to 'Resolutions. 3."' From Bay Farm Island Reclamation District No. 2105, signed by Mr. Bruce T. Mitchell, Secretary, requesting approval of Warrant No. 152 in the amount of 434,240.00, in payment for certain dredging work performed. This matter was also referred to Jaesolutions". 4• From The Honorable Leland W. Sweeney, Supervisor, Third District, Alameda County, commending Mrs. Shirley H. Tennier for her many years of efficient service as City Clerk of the City of Alameda, and wishing her good health and happiness in her retirement. President McCall expressed the appreciation of the Council for Supervisor Sweeney's kind and thoughtful letter. HEARINGS: 5. In the Matter of Prohibiting Use of Certain Streets by Any Vehicle Exceeding the Maximum Gross Weight of Three Tons. The Deputy City Clerk stated the Affidavit of Publication of the Notice of Hearing in this matter was on file. City Attorney Cunningham stated these proceedings were pursuant to Section 35701 of the Vehicle Code of the State of California. The reason for the particular procedure being followed was that State Highway Users Tax Funds were expended on certain streets to be affected by the restrictions proposed. Determination was to be made whether to impose limitations set forth in Resolution No. 7386, adopted by the Council at its regular meeting held October 1, 1968. City Engineer Hanna then explained, with the aid of a map displayed for the purpose, the truck routes proposed. The system was more or less the one used over the years with the exception of Fernside Boulevard between Versailles Avenue and High Street. The proposed deletion of the latter section followed receipt of a petition from residents of that area objecting to truck traffic on the part of Fernside Boulevard indicated and expressing the opinion that use of the street by trucks was not necessary. A thorough study had been made of the subject, with special consideration of industries located at the north end of Broadway and of Pearl Street, Such as Cal-Rock Concrete and Loop Lumber Company. Examination of the results showed there was no real need for trucks to use Fernside Boulevard between Versailles Avenue and High Street, and that the rest of the streets considered were essentially sound as a system for use of heavy and through trucks. There was a question and answer period between the members of the Council and Mr. Hanna concerning various factors of the question. Opponents were then invited to address the Council. Mr. Daryl Camp of California Rock & Gravel Company (Cal-Rock) took exception to certain statistics in the Engineering Department's report. He stated his Company would be willing to use Park Street Bridge except that when the traffic flow became heavy there would be definite problems. He felt that additional consideration should be given to the matter. It was agreed that construction of a new Fruitvale Bridge would change this picture drastically. Proponents were then called on. Mr. James Martinet, Secretary of the Fernside Homeowners Association, spoke on behalf of that organization and also the Fernside Marina Homeowners Association. He stated that since Mr. Hanna's report of August 30, 1968, a number of trucking companies had been cooperative and altered their routes to eliminate Fernside Boulevard. He felt the major truck user of this thoroughfare was Cal-Rock and that this was completely unnecessary. Mr. Martinet related his experiences in checking the time required by various Cal-Rock trucks on deliveries to the East Oakland and San Leandro areas. He stated practically every truck departing from the plant via Fernside Boulevard also returned by that street, in contradiction to the offer of Mr. Beckwith of Cal -Rock to have empty trucks return by Park Street Bridge. He felt that eliminating trucks on Fernside Boulevard would not unduly interfere with any trucking operation and therefore requested that the change be approved as presented. Mr. Camp, on rebuttal, stated many times jobs were slow - pouring and the concrete must be removed from the truck within the elapsed time of one and one -half hours and, in some cases, one hour or the load would be rejected. He added the claim that Mr. Beckwith had offered to have trucks return to the plant by Park Street was a misunderstanding. This practice had not been adopted. The Hearing was declared closed. Councilman La Croix then moved, on advice of the City Attorney, that all objections be overruled with the finding that public necessity required the imposition of such vehicle weight limitations. Councilman Isaacs seconded the motion, suggesting at the same time that another close and hard look be taken at expediting a replacement for the Fruitvale Bridge. The motion carried on the following roll call vote. Ayes: Five. Noes: None. Absent: None. The matter was then referred to 'Introduction of Ordinances". 6.`` In the Matter of Vacation of a Portion of Mecartney Road (Tract 2936, Casitas Alameda Unit No. 2, Bay Farm Island, 0.0235 Acres). The Deputy City Clerk stated Affidavits of Publication and Posting the Notices of Hearing in this matter were on hand. The City Attorney, on request, stated the issue was for the Council to hear evidence for or against this proposal, as set forth in Resolution of Intention No. 7401, adopted at the meeting of November 7, 1968, and also to determine whether the area described was unnecessary for present or prospective street purposes and whether public interest required vacation, as proposed. Mr. Hanna explained the circumstances under which this small parcel had become unnecessary in the development of the particular area and the owner had requested abandonment of the small strip. The President called for any opponents or proponents and there were none. The Hearing was declared closed and the matter was referred to "Resolutions". 7. ,/ In the Matter of the Appeal from the decision of the Planning Board to grant a variance to permit a two -foot encroachment into the required seven -foot side yard area on construction by the the Howard Construction Company at 1126 Broadway. The Appeal was filed by Mr. Paul E. Lenschmidt, 1124 Broadway. The City Attorney stated the issue before the Council in this matter was to determine whether the findings of the Board taken under Sections 11 -161 (b) and (e) of the Alameda Municipal Code should be affirmed, modified or reversed. Mr. Johnson, Planning Director, reviewed this case and quoted from his memorandum on the subject dated December 2, 1968. He stated the applicant contended the plan in its present form could not be used on the lot in question without a variance because room sizes and arrangements would be too pinched. On the call for proponents, Mr. Paul E. Lenschmidt, the Appellant, addressed the Council. He stated with a two -foot encroachment on the south side there would be a minimum distance between the buildings. He felt if the proposed building were to face the other way it would allow a greater space between the buildings and would enhance the appearance of the neighborhood. There was some discussion concerning the possibility of facing the building in the opposite direction. On question, Mr. Johnson stated the subject had been mentioned at the Planning Board meeting but had not been pursued as it was not the variance sought and world have involved a completely new application. Mr.Mort Howard, Howard Construction Company, then addressed the Council as an opponent. In reply to the suggestion that this building be turned around, he stated the neighbor to the north had indicated he would also object if this were proposed. He answered questions of the Council with regard to the proposed development. Mr. Howard stated if this lot were under 5,000 square feet there would be no necessity for him to apply for a variance. This was confirmed by Mr. Johnson, on question. The lot, 5,200 square feet, would not come under the "'small -lot's provision. The Hearing was then declared closed and the President asked the pleasure of the Council. Councilman La Croix moved the Appeal be denied and the action of the Planning Board be upheld. The motion was seconded by Councilman Fore and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. REPORTS AND RECOMMENDATIONS: 8.1 From the Acting City Manager, reporting all work on the project of Constructing Cart Paths at the Alameda Municipal Golf Course satisfactorily completed, recommending it be accepted and the Notice of Completion be ordered filed. Councilman Fore moved the recommendation be accepted, that the work on said project be accepted and the Notice of Completion be filed. The motion was seconded by Councilman Levy and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 9 ": From the City Manager, recommending continuance of the public liability and property damage insurance with Pacific Indemnity Company, at a premium of S36,296. for the year commencing December 1, 1968. Councilman Levy moved the recommendation be approved; that the insurance coverage indicated be continued with Pacific Indemnity Company. The motion was seconded by Councilman La Croix and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 10.` From the City Manager, recommending partial acceptance of the public improvements in Tract 2936, Casitas Alameda Unit No. 2, with the exception of a high -water alarm for the sanitary sewage pumping plant, also that the performance bond be reduced to the amount of $20,000. Councilman La Croix moved the recommendation be approved; that the improvements be accepted with the stipulated exception and the bond be reduced to the stated amount. The motion was seconded by Council- man Levy and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. NEW BUSINESS: 11: Levy suggested the Alameda Times -Star should be complimented for its very fine Progress Edition which had come out the previous week. President McCall added his remarks in commendation of the historical features which,had come out the previous week. President McCall added his remarks in commendation of the historical features which had been presented. RESOLUTIONS: 12. The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 7410 Appointing City of Alameda Representative on Board of Trustees of the Alameda County Mosquito Abatement District." (Mark J. Hanna) The motion to adopt said resolution was seconded by Councilman Isaacs and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 13. The following resolution was introduced by Councilman Levy, who moved its adoption: "Resolution No. 7411 Approving Warrant No. 152 of Board of Trustees of Reclamation District No. 2105." The motion to adopt said resolution was seconded by Councilman Fore and on roll call carried by the following vote. Ayes: Four. Noes: Councilman La Croix, (1). Absent: None. 14. The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 7412 Finding and Determining Certain Portion of Mecartney Road, a Public Street in the City of Alameda, is Unnecessary for Present or Prospective Public Street Purposes; Ordering Vacation Thereof Subject to Reservation of Permanent Easement and Right of Way Therein as Described in Resolution of Intention No. 7401 Heretofore Adopted on November 7, 1968; and Directing City Clerk to Cause Certified Copy of This Resolution to be Recorded." The motion to adopt said resolution was seconded by Councilman Levy and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 15. The following resolution was introduced by Councilman Isaacs, who moved its adoption: "Resolution No. 7413 Resolution of the Council of the City of Alameda Confirming Canvass by Board of Supervisors of Alameda County of State General Election Held November 5, 1968." The motion to adopt said resolution was seconded by Councilman Fore and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 16. The following resolution was introduced by Councilman La Croix, who moved its adoption: "Resolution No. 7414 Adopting Specifications, Special Provisions and Plans For Ball Field Lighting at Washington Park, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Levy and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 17. The following resolution was introduced by Councilman La Croix, who moved its adoption: (7);;4) , "Resolution No. 7415 Adopting Specifications, Special Provisions and Plans for Additions and Alterations to the Animal Shelter, Calling for Bids and Direct- ing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Fore, and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. The President declared all of the foregoing Resolutions adopted. INTRODUCTION OF ORDINANCES: 18. Councilman La Croix moved the following ordinance be introduced, after which it would be laid over under provision of law and the Charter: "Ordinance No. New Series An Ordinance Amending the Alameda Municipal Code by Amending Sections 17-551, 17-552 and 17-553 Thereof, Prohibiting Use of Certain Streets by Any Vehicle Exceeding a Maximum Gross Weight of Three Tons, with Exceptions." The motion was seconded by Councilman Levy and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. 19. Councilman Isaacs moved the following ordinance be introduced, after which it would be laid over under provision of law and the Charter: "Ordinance No. New Series An Ordinance Amending Certain Portions of the Alameda Municipal Code Relating to Traffic Regulations." The motion was seconded by Councilman La Croix and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. ORDINANCES FOR PASSAGE: 20. "Ordinance No. 1580, New Series Amending the Alameda Municipal Code by Amending Section 17-364 Thereof and Adding Section 17-366.1 Thereto, Providing for Parking Meter Time Limit Signs, and Prohibiting Parking in Excess of Maximum Limit." Councilman Levy moved the passage of the ordinance as submitted. The motion was seconded by Councilman Isaacs and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. BILLS: 21. An itemized List of Claims against the City of Alameda and the Departments thereof, in the total amount of 26,810.16, was presented to the Council at this meeting. The List was accompanied by certification from the City Manager that the Claims shown were correct. Councilman Levy moved the bills as itemized in the List of Claims filed with the City Clerk on December 3, 1968, and presented to the City Council at this meeting, be allowed and paid. The motion was seconded by Councilman La Croix and on roll call carried by the following vote. Ayes: Five. Noes: None. Absent: None. ORAL COMMUNICATIONS, GENERAL: 22( Mr. William "Mike" Bartley, 308 Laguna Vista, commented on the closing of Fernside Boulevard to truck traffic. While he was sympathetic to the desires of the residents of that street, he, as Chairman of the Industrial and Commercial Business Committee of the Alameda Chamber of Commerce, had presided at a meeting of the business firms which opposed the action. He disagreed with the action for the reason that Fernside Boulevard provides a perimeter traffic flow for trucks. He felt the key had been the closing of Fruitvale Bridge and that the solution was getting a new bridge built. He stated the Chamber of Commerce Board of Directors had requested the Transportation Committee to take what action it could toward construction of a new bridge. Mr. Kofman, he said, was the Chairman and he suggested that communications be established between the City and this Committee so that efforts could be pooled toward this end. There was discussion on the current status of this subject and its various aspects, including the legal obstacles, as stated by the City Manager. Mr. Weller was requested to review the matter with the City Manager of Oakland. 23' Frank A. Gottstein, 731 Haight Avenue, reviewed the history of the vehicle section of Fruit- vale Bridge, and suggested a new bridge over the Estuary between Park and Webster Streets would better serve the City, rather than one at the Fruitvale Avenue location. He requested again that the Council take some action to correct the noise situation late at night at the Webster Street Parking Lot across the street from his home. He suggested parking in the Lot be prohibited after 10:00 o'clock p.m., or that a Police Officer be stationed there from that hour to, possibly, 3:00 o'clock a.m. Mr. Gottstein inquired if any thought was being given to the problem of garbage dumping when the site presently in use was filled. President McCall informed him of the discussions with City of Oakland in this matter. 24. President McCall then read for the record a letter from the Alameda County Taxpayers' Association dated November 27, 1968. This communication invited consideration of transfer of the City's assessing and tax collecting functions to the County of Alameda. He stated Mr. Weller had been requested to investigate the matter. 25Y President McCall also commented on the letter of resignation received from Mr. Jack Lubbock as a member of the Board of Education, effective December 31, 1968, and stated this matter would be discussed by the Council before any action would be taken. v- 26. The President also reported a letter had been received from the Wildlife Conservation Board of the State of California with regard to the possible construction of a fishing pier in the City, indicating their continued interest. 7 27. At this time, Mr. Hanna requested the opportunity to present Mr. Philip Long, Senior Civil Engineer, under whose guidance much of the engineering work of the City was being done. FILING: 28. Specifications No. PT 12-68-24 Additions and Alterations to Animal Shelter. 29. Specifications No. PW 12-68-25 - Ball Field Lighting at Washington Park. 30. At this time, President McCall requested that all stand for a moment of silence in observance of the passing of Mr. Walter D. Ansel, civic and business leader of the community, who had passed away on December 2. ADJOURNMENT: 31. There being no further business to come before the meeting, the Council adjourned - to assemble in regular session on Tuesday evening, December 17, 1968, at 7:30 o'clock. Respectfully submitted, 3 Deputy City Clerk